Why is Israel Torturing Its Prisoners?

The physical and mental health conditions of the Palestinian detainees and prisoners released during the seventh round of the ceasefire exchange agreement between Israel and Hamas in the Gaza Strip are shocking.

Israel’s release of hundreds of Palestinian prisoners and detainees, who arrived in the Gaza Strip recently in exceptionally poor health, illustrates its ongoing use of torture to terrorise and persecute prisoners and detainees and break their will until the very end of their detention. The effects of torture were clearly evident, with the emaciated bodies of the released individuals reflecting the severity of systematic crimes and inhumane treatment that exceed all legal and moral bounds.

The repeated release of such visibly unhealthy individuals from Israeli prisons reveals that the heinous torture and willful medical neglect they endure have escalated to appalling levels. Euro-Med Monitor notes that the atrocities occurring in these prisons are among the worst violations recorded by human rights organisations worldwide.

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In a blatant violation of the mandatory rules of international law—which forbid torture in all its forms and under all circumstances, without exception, and consider its commission an international crime that does not expire by statute of limitations—hundreds of released prisoners and detainees arrived in the Gaza Strip after midnight in exceptionally poor health. It became evident after their transfer to the Gaza European Hospital in the southern section of the Strip that dozens of them required urgent medical care because their bodies showed signs of torture and inhumane treatment, including deprivation of necessary medical care and treatment.

Along with severe weakness and exhaustion, the Euro-Med Monitor field team documented severe injuries among detainees and prisoners, including limb amputations and severe swelling brought on by torture. Some appeared incapable of walking without the assistance of friends, and others required immediate medical attention because their health was rapidly deteriorating.

Even though the majority of detainees were not charged with any specific crimes, many of them claimed that they were beaten, mistreated, and threatened right up until the very last minute before their release. Since being kidnapped from the Gaza Strip at various points following 7 October 2023, they were arrested or detained, tortured, and subjected to degrading treatment as part of a systematic policy designed to cause them severe physical and psychological harm. This policy is a part of Israel’s crime of genocide, which aims to destroy the Palestinian people in the Strip, either entirely or partially, by weakening the foundations of their survival and leading them to submission or extinction.

Furthermore, the Euro-Med Monitor team documented Israel’s ongoing use of psychological torture and humiliation against recently released prisoners through the enforcement of laws that directly incite violence and genocide. This official systematic incitement is a fundamental tool of Israel’s policies against Palestinians, particularly those in the Gaza Strip. One example of these measures is the prison authorities’ requirement that newly released inmates and detainees wear vests with official Israeli Prison Service slogans and threatening phrases in Hebrew, including religious quotations that express the principle of revenge and pursuit until liquidation. Additionally, they are forced to wear plastic wristbands with derogatory words printed on them to psychologically degrade them and highlight the fact that they are still being singled out despite being “free”.

The phrase “I will pursue my enemies and overtake them; I will not return until I have destroyed them” is printed on the vests of Palestinian detainees and prisoners who have been released, and is taken from a biblical passage (Psalm 18:37) that expressly calls for killing and genocide. This is a form of direct and public incitement to genocide, which is forbidden by Article 3 of the Convention on the Prevention and Punishment of the Crime of Genocide.

By depriving the Palestinians of their humanity and treating them as a legitimate target for killing and targeting, Israel’s actions go beyond psychological warfare and constitute a dangerous extension of institutional hate speech and a consolidation of the intention to commit genocide.

The violations which Palestinian prisoners and detainees are subjected to by Israel, whether while these individuals are being held or being released, gravely violate international law and represent a blatant disregard for its mandatory regulations that forbid torture and cruel or inhuman treatment without exception. The Third and Fourth Geneva Conventions provide complete protection for prisoners and detainees, and forbid torture, humiliation, or retaliation, making these crimes punishable by international law.

The death of detainee Raafat Adnan Abdul Aziz Abu Fanouneh (34), who was tortured and abused following his arrest in the Gaza Strip in October 2023, was announced yesterday (Wednesday) in Israel’s Shamir Medical Centre (formerly Assaf Harofeh). A minimum of 60 prisoners and detainees—as these are the only victims whose identities are known—have perished in Israeli occupation prisons since the beginning of the genocide, including at least 39 individuals from the Gaza Strip. This is the highest number ever.

Israel continues to commit the crime of enforced disappearance against hundreds of Palestinian prisoners and detainees, failing to disclose their whereabouts or medical conditions to their loved ones, which raises serious concerns about the safety and lives of the people being held. Israel also continues to conceal any information about them from the press, despite credible evidence that dozens of additional prisoners and detainees have been killed inside Israeli prisons and detention facilities.

In addition to being crimes against humanity and full-fledged war crimes, the crimes committed by the Israeli occupation army and other Israeli security forces against Palestinian prisoners and detainees from the Gaza Strip also amount to acts of genocide against the Palestinian people in the Strip, because they are carried out in a systematic and brutal manner. These acts include the killing of Palestinians and the infliction of severe physical and psychological harm, including torture, other forms of ill-treatment, and sexual violence, including rape, and are carried out with the goal of eradicating the Palestinian people as a whole.

All countries and pertinent international organisations must take swift and decisive action to end Israel’s widespread and systematic crimes of killing, torture, and other serious violations against Palestinian prisoners and detainees. Detainees who have been arbitrarily arrested must be released without conditions, right away. Additionally, local and international organisations must be given immediate permission to visit detainees, who must be allowed the opportunity to choose their own lawyer.

Israel’s notorious arbitrary detention practices, such as administrative detention and detention under the “Unlawful Combatants Law”, must be stopped. These practices are a blatant violation of international law and are employed as a systematic, repressive tool to weaken the Palestinian will, tear apart the social fabric that holds them together, and deny Palestinians their fundamental legal rights.

To ensure justice for Palestinian victims and that the Israeli occupation is held responsible for its violations, human rights and media organisations must step up their efforts to pressure Israel’s government to stop its ongoing crimes. In addition, these groups must work to highlight the suffering of Palestinian prisoners and detainees and to share these individuals’ testimonies about the horrific crimes they face.

The International Criminal Court must investigate the crimes, submit specialised reports regarding the crimes committed against Palestinian prisoners and detainees in Israeli prisons and detention facilities, particularly after 7 October 2023, and issue arrest warrants for all perpetrators. All concerned nations must make sure the perpetrators of these crimes are prosecuted and brought before the Court to stand trial.

Israel must immediately cease its crime of enforced disappearance against Palestinian prisoners and detainees from the Gaza Strip; reveal all secret detention camps; reveal the names, whereabouts, and fates of all Palestinians it is holding from the Strip; and take full responsibility for the safety and well-being of these individuals. These demands must come from the international community.

Euro-Med Monitor

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CrossFireArabia

Dr. Marwan Asmar holds a PhD from Leeds University and is a freelance writer specializing on the Middle East. He has worked as a journalist since the early 1990s in Jordan and the Gulf countries, and been widely published, including at Albawaba, Gulf News, Al Ghad, World Press Review and others.

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How Israel Uses Its Legal System For Genocide

The Israeli Supreme Court’s ruling to deny a request to allow humanitarian aid into the Gaza Strip is a crucial component of a well-functioning colonial system designed to perpetrate the crime of genocide against the Strip’s people.

The ruling made 27 March is further evidence that the Israeli judiciary—which has never served as a tool of justice for Palestinians—functions as a part of a system in which all state institutions participate, whether Israel’s government, army and other security forces, military prosecution, courts, or media. All of these institutions blatantly violate international legal and humanitarian norms by committing crimes against Palestinians, aiding in the commission of such crimes by coordinating their activities, and/or providing a false legal cover.

The Israeli Supreme Court has explicitly and directly legitimised Israel’s illegal blockade of the Gaza Strip. This blockade has denied food, water, medicine, fuel, and electricity to over two million people—half of whom are children—for nearly 18 months. Meanwhile, human rights organizations have warned that Israel’s refusal to allow humanitarian aid and basic supplies into the enclave for more than three consecutive weeks has accelerated famine in the Strip and led to the deaths of infants from starvation.

One of the most obvious examples of the complicity of all Israeli state institutions in the crime of genocide is the use of starvation as a declared weapon against Palestinians in the Gaza Strip, which has now been made an official policy through a “political” decision validated by a court ruling.

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To support its ruling, the Israeli court used the argument that the State of Israel is exempt from the obligations of belligerent occupation under international law in all cases pertaining to the Gaza Strip. This blatantly violates established international legal norms that are acknowledged to apply to the Occupied Palestinian Territory. It also goes against the International Court of Justice’s 2024 advisory opinion and gravely breaches the ICJ rulings in South Africa’s genocide case against Israel.

The Fourth Geneva Convention, which applies to the Occupied Palestinian Territory, including the Gaza Strip, is gravely violated by the Israeli court’s recent decision. The occupying power is required by the Convention to provide food and medical supplies to the occupied population. It is also required to permit relief efforts for the benefit of these populations in the event that local resources are insufficient, and to allow for the supply of facilities, including those conducted by states or humanitarian organizations, especially those involving food aid, clothing, and medical supplies.

Euro-Med Monitor emphasizes that the decision is a flagrant disregard of the rulings of the International Court of Justice in the South Africa v. Israel genocide case. In January and March of 2024, the Court mandated that Israel take prompt and decisive action to allow for the delivery of humanitarian aid and essential basic services to alleviate the terrible circumstances faced by Palestinians in the Gaza Strip. In coordination with the United Nations, these measures included providing food, water, electricity, fuel, shelter, humanitarian aid, clothing, hygiene, and sanitation needs, as well as medical supplies and medical care to Palestinians across the Strip, including by expanding the number and capacity of land crossing points and keeping them open for as long as possible.

The International Court of Justice affirmed that Israel’s actions in the Gaza Strip constituted a real and immediate threat of genocide to the Palestinian people there, as well as the possibility of irreversible harm and violations of Palestinians’rights to be protected from genocide under the Convention on the Prevention and Punishment of the Crime of Genocide.

The Israeli court’s rationale is therefore in direct opposition to the advisory opinion issued on 19 July 2024 by the International Court of Justice, the highest court in the world.

The ICJ unequivocally affirmed that Israel’s legal obligations were not terminated by its military withdrawal from the Gaza Strip in 2005, as Israel still maintains effective control over key areas of the Strip, such as the buffer zone, the land, sea, and air borders, restrictions on the movement of people and goods, and tax control. Since 7 October 2023, this control has become much more intense. As a result, Israel continues to be the occupying force in accordance with international law and is responsible for providing humanitarian aid and other necessities to the civilian population in the Strip. 

The rejection of these fundamental legal precepts by the Israeli court is not just a misreading; rather, it is a deliberate judicial intervention aimed at denying the existence of the Israeli occupation and undermining the laws that safeguard the rights of the people who are subject to it. Viewed within the larger framework of institutional complicity that helps to enable and carry out Israel’s crime of genocide against the Palestinian people, this intervention turns the international legal system from a tool of protection into a cover for impunity.

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Israel has a legal duty to the people it governs, and this duty extends beyond its legal relationship with the territory. Instead, it necessitates a steadfast obligation to uphold and defend human rights and the principles of preemptive international law under all conditions. Israel’s responsibilities under fundamental human rights conventions, such as the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, the Convention on the Rights of the Child, and other international instruments, extend beyond the regulations of occupation law and include duties pertaining to preventing population starvation and allowing the entry of humanitarian aid.

Regardless of a state’s legal standing under international law, its effective control over a territory serves as the foundation for its legal accountability for actions that impact this territory’s residents.

The presence of a state of occupation alone does not negate the duties of an occupying power to prevent the occupied population from living in substandard conditions or from suffering from severe physical or mental injury. 

Instead, these duties are enforced by preemptive standards of customary international law, such as the outright ban on crimes against humanity, such as apartheid and genocide. Whether in times of peace or conflict, these standards require all states to uphold these rights and guarantee their protection at all times.

All Palestinians in the Gaza Strip are experiencing a dire humanitarian situation, especially since Israel’s genocidal campaign of direct killings in the Strip resumed on 18 March. This occurs at a time when Israel has been using other tools of genocide against the Strip’s people for a year and a half now.

These tools include starvation, blockade, deprivation of virtually all means of survival, severe physical and psychological suffering, and the imposition of living conditions that are destructive, all of which are intended to destroy the Palestinian people there.

Not only does the ongoing situation in the Gaza Strip violate Israel’s legal obligations, but it also directly calls into question all other states’ adherence to their own obligations, whether these states are directly involved in the genocide or have not acted decisively to stop Israel if in a position to do so. The Fourth Geneva Convention, the Convention on the Prevention and Punishment of the Crime of Genocide, and customary international law all bind these states. These regulations require states to actively work to prevent genocide and to abstain from any actions that facilitate, encourage, or open the door for its occurrence. 

The international community must stop enslaving the Palestinian people to a state that is using all of its official institutions to destroy their lives, drive them off their land, and threaten their shared national identity. Given its decades-long failure to uphold international law and apply it equitably to, and without discrimination against, Palestinians, the international community is directly responsible for the disastrous reality that Palestinians face today, wherever they may be. This failure reveals the biased foundations upon which the international system was established, as this system has deprived Palestinians of their most fundamental rights, most notably their right to exist.

All states must take up their individual and collective legal obligations and act quickly to put an end to the genocide in the Gaza Strip. They must do everything they can to protect Palestinian civilians there, i.e. enforce all necessary measures to force Israel to immediately and fully lift the blockade; permit unhindered freedom of movement of people and goods; open all crossings without arbitrary conditions; and take decisive action to protect Palestinians from forced displacement and swift or slow-motion killing. This entails launching an immediate response to address the population’s pressing and pertinent needs, such as offering suitable temporary housing for displaced people.

The international community must impose economic, diplomatic, and military sanctions on Israel due to its systematic and serious violations of international law. These sanctions, which willincrease pressure on Israel to stop its crimes against Palestinians, should include barring arms exports to Israel; stopping military cooperation with Israel; freezing the financial assets of officials involved in crimes against Palestinians; and suspending trade privileges and bilateral agreements that give Israel economic benefits.

In addition to acting to stop Israeli policies that violate the most fundamental humanitarian principles and endanger the lives of millions of civilians, the States Parties to the Fourth Geneva Convention should fulfil their duty under Common Article 1 to uphold and guarantee adherence to the Convention under all circumstances.

The International Criminal Court must issue arrest warrants for Israeli officials involved in international crimes in the Gaza Strip, and expedite its ongoing investigations. Additionally, the Court ought to acknowledge and specifically address Israel’s crimes as genocide. The Rome Statute’s States Parties should fulfil their legal duties to assist the Court in every way possible;make sure that arrest warrants against Israeli officials are carried out; bring these officials to international justice; and make sure to end the policy of impunity that has been granted to these officials thus far.

Along with fulfilling its legal obligations, the international community must take immediate action to end the root causes of the suffering and persecution endured by the Palestinian people forthe past 76 years: Israeli occupation and settler-colonialism in the Occupied Palestinian Territory. The international community must compel Israelto guarantee the Palestinians’ right to live in freedom, dignity, and self-determination in accordance with international law; to dismantle the system of apartheid and isolation imposed on the Palestinians; to lift the illegal blockade of the Gaza Strip; to hold Israeli perpetrators and allies accountable and prosecute them; and to ensure Palestinian victims’ rights to compensation and redress.

Euro-Med Human Rights Monitor

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Al-Duwairi: Houthi Missiles on Tel Aviv Confirms Failure of US Airstrikes on Yemen

The missiles launched by the Houthis at Israel do not make a significant military difference, according to military expert Major-General Fayez al-Duwairi. However, he said they confirm the failure of the US airstrikes to destroy the group’s capabilities and reveal the contradictions in Israeli statements regarding the interception of these missiles.

In an analysis of the military situation on Al Jazeera, al-Duwairi asserts that the Israeli military’s statement about the interception of the missile launched, Monday, before it entered Israeli airspace contradicts its statement about interceptor debris falling west of Jerusalem and south of Tel Aviv.

The fact that these debris fell on these areas, in al-Duwairi’s opinion, means that the missile bypassed Israeli air defenses, whilst confirming the Houthis’ possession of sonic missile technology. He added that this is something not many countries possess.

The fact that air raid sirens sounded only in Jerusalem and greater Tel Aviv, but not in the rest of Israel, confirms that the missile was not detected until it reached these specific areas, al-Duwairi said.

Confusion in Israeli Society


Whilst the Houthi missiles will not bring about a military change, according to the strategic expert, they put Israeli society on almost daily alert, disrupting daily life, and proving that the intensive US air campaign has not prevented the Houthis from launching attacks.

The Houthis’ launch of an eighth missile in just a few days demonstrates the failure of intensive US strikes to stop these attacks. The failure of Israeli defenses to detect the missiles before they entered Israeli airspace is a qualitative advantage for this Yemeni group.

As for the missiles that the Palestinian resistance has begun launching in the past few days, they carry more political than military messages, according to al-Duwairi, because it is impossible to compare the resistance’s capabilities today with those of the beginning of the war nearly 18 months ago.

However, the resistance’s ability to bombard greater Tel Aviv, as it did two days ago, confirms that it has a stockpile of missiles capable of causing disruption within Israel.

Yesterday evening, the Israeli Home Front Command announced that air raid sirens sounded in Jerusalem and its suburbs, as well as in more than 200 towns and cities in central Israel, as a result of a missile launched from Yemen.

The Israeli military said it intercepted the missile with its Arrow missile system before it entered airspace. However, sources confirmed to Al Jazeera that explosions were heard in areas of Tel Aviv, Jerusalem, and the coastal region south of Tel Aviv following the launch of a missile from Yemen.

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